Regular Council Meeting Thursday, October 7, 2004 Mayor Dave France called the meeting to order. Roll Call: John Synodinos present, Dr. Robert Price present, Dave Smith present, Robert Martin Sr. present, Matt Parise present, Thomas Bottorf present. Officials: Mayor Dave France present, Solicitor Christopher D. Becker present, Clerk Treasurer Mike Payne present, Administrator Walt Ziemba present. Moment of Silence Pledge of Allegiance Reading of Minutes Motion by Dr. Robert Price, second by Thomas Bottorf to approve the minutes from the September 16, 2004, regular Council meeting. Vote: John Synodinos yea, Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Persons Appearing before Council Shirley Rawson, 113 Troy Place, complained of water run off damage to her property. She said that Mayor Dave France had been to her neighborhood to take pictures of the damage. Mrs. Rawson distributed pictures to Council members showing the damage caused by water run off. Walt Ziemba explained of some temporary solutions that the Village planned to do that would alleviate some of the problem for Mar. Rawson. She said that the Village engineer and Perry Pool had also looked at this area. Walt Ziemba said that Troy Place needed curbs, additional catch basins and drains and would need to obtain easements to do some of the work needed. He said that he would refer this project to the Street Committee who could also consider funding needed (including grants that might be available) for the project. Jorja and Vern Schofield, 119 Woodland Park, discussed the situation in their neighborhood concerning water line repairs. Mr. Schofield presented a timetable of events over the last 10 months concerning the water line breaks and attempts to replace the lines in his neighborhood. Mayor Dave France said that he did not know until recently how bad the situation in this neighborhood had become. He said Council needed to make a decision on this situation. The Mayor then read a letter he had sent to one resident in this neighborhood concerning this matter. Ed Zatta, Woodland Park, complained of the holes currently in his neighborhood and the backhoe setting there for months as the result of this project being unfinished. He said several times he even had to pull children from the huge holes that had filled with water. Matt Parise said that it was unacceptable that Village employees were not returning phone calls to residents concerning this situation on Woodland Park. He said that this project needs started tomorrow and completed as soon as possible. Mayor Dave France said that it is his practice to return all phone calls. Robert Martin Sr. said that he agreed with Matt Parise's comments and that residents should feel free to contact him personally if they had any problems. Walt Ziemba and Perry Pool both said that they returned phone calls related to these types of problems when they received the messages. Perry Pool said he was sure that Yeager contracting would be at the site on Friday to start the project. Walt Ziemba said that the hold up for the project had been not only the contractor (Yeager) but the bad weather. He said that replacing the contractor was probably not the answer because other contractor's were also busy and tough to schedule. Thomas Bottorf asked Perry Pool if the Village crew could do this water line work. Perry Pool said that his employees could do the work but did not have the machinery, but he could inquire about renting the equipment from Yeager, if they did not show up to for the project. Mayor Dave France said that it appeared that communication problems existed in this matter and that now all calls would go through Tammy. Jorja Schofield gave the Administrator her receipts for the replacement of her mailbox that had been damaged during work on this project. Matt Parise said that the Village would reimburse residents for any damage done by the Village or their contractors during this project. Matt Parise and Robert Martin Sr. asked Perry Pool to contact them on their cell phones on Friday to let them know if Yeager contracting showed up to work on the project. Matt Parise asked Chief Laman why the backhoe was permitted to remain parked in that neighborhood. Chief Laman said that he thought that the backhoe was helping cover the holes in the area, but he would follow-up on the matter. Robert Laukert, BHJ Representative for Wintersville gave updates to Council from the August 18th and September 22nd BHJ Meetings. The topics primary centering around the Bridge study and the transportation study currently taking place. Mayor Dave France said that he would distribute copies of the transportation study to Council members when it became available. Mayor Dave France asked that the Administrator open the bids for Sam's Way Project at this point in the meeting. Bids for the Road Project for Sam's Way: Company Company location Completion dates 11-30-04 6-30-05 12-31-05 Able Contracting Mingo Jct. 175,652.46 169,521.13 179,281.69 Richard Marks Inc. Canton OH No Bid 147,930.26 No Bid T H Enterprises St. Clairsville, OH 153,756.00 153,756.00 No Bid After reading the bids Walt Ziemba presented them to Village Engineer John McDevitt to review in conference room. Reading of Ordinances and/or Resolutions Ordinance 2004-22: An Ordinance repealing section 933.07 of the codified ordinances and adding a new section 933.07 relating to reading water meters was read for the first time. Ordinance 2004-23: An Ordinance appointing legal Counsel for the Village through 2006 was read for the first time Resolution 2004-24: A resolution authorizing the Mayor to apply for grant funding for Winters Drive was read for the first time. Resolution 2004-25: A resolution authorizing the Mayor to apply for grant funding for Fire Hydrants was read for the first time. Resolution 2004-26: A resolution authorizing the Mayor of apply for grant funding for Manhole replacements was read for the first time. Resolution 2004-27: A resolution authorizing the Mayor to apply for grant funding for Sam's Way Construction was read for the first time. Motion by John Synodinos, second by Dr. Robert Price to suspend the rules and read Resolutions 2004-24 thru 2004-27 by title only. Vote: John Synodinos yea, Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Resolution 2004-24: A resolution authorizing the Mayor to apply for grant funding for Winters Drive was read for the second and third times. Motion by Thomas Bottorf, second by Matt Parise to approve Resolution 2004-24. Vote: John Synodinos yea, Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Resolution 2004-25: A resolution authorizing the Mayor to apply for grant funding for Fire Hydrants was read for the second and third times. Motion by John Synodinos, second by Robert Martin Sr. to approve Resolution 2004-25. Vote: John Synodinos yea, Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Resolution 2004-26: A resolution authorizing the Mayor of apply for grant funding for Manhole replacements was read for the second and third times. Motion by Matt Parise, second by Thomas Bottorf to approve Resolution 2004-26. Vote: John Synodinos yea, Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Resolution 2004-27: A resolution authorizing the Mayor to apply for grant funding for Sam's Way Construction was read for the second and third times. Motion by Thomas Bottorf, second by Matt Parise to approve Resolution 2004-27. Vote: John Synodinos yea, Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Reports, Communications and Announcements Mayor Dave France read the Magistrate's, Police and Building Inspector Reports for September 2004. Mayor Dave France announced that he has appointed Helen Williamson and Elsie Pittman to the Committee to review the need for using the Leonard Avenue building for a senior meeting place. He said that he was renaming the Committee the Senior Citizen Committee so that its purpose could include other senior citizen needs. Mayor Dave France said that he would be asking the Senior Citizen Committee to look at the following things when discussing the possibility of using the Leonard Avenue building for a Senior Citizen Center. - Parking availability - - Concerns of residents in that area - - Whether the Meridian Greene Facility might offer similar services - - Who would supervise and maintain the facility - - What costs would be involved in having this building serve as a Senior Citizen Center Mayor Dave France announced that FEMA would be holding an initial meeting for area residents affected by the flooding at the Justice Facility. Mayor France discussed with Council the assigning of representatives to RITA for the Village. Motion by John Synodinos, second by Dr. Robert Price to appoint the Village Administrator the Village's representative to RITA and the Mayor as his alternate. Vote: John Synodinos yea, Dr. Robert Price yea, Dave Smith yea, Matt Parise, yea, Tom Bottorf, yea. (Robert Martin had temporarily left the meeting). Motion passed 5-0. Administrator's Report Walt Ziemba said that he had two water bill payment situations that he would be taking to the Water & Sewer Committee. Walt Ziemba said that next Tuesday at 10:00 he would be meeting with ODOT representatives concerning the Route 43 Project. Walt Ziemba discussed several EPA issues and projects that need to be complete by December 31, 2004. Mayor Dave France reminded residents that parking permits were required for residents wishing to park on the street during the winter season. Mayor Dave France announced that Village offices would be closed on Monday, October 11th for Columbus Day. Mayor Dave France announced that Halloween for the children would be 5:00 - 7:00 P.M. on Thursday, October 28, 2004 and the Halloween party at the elementary school would be 6:00 - 9:00 P.M. the same night. Unfinished Business Mayor Dave France said that the Records Retention Committee had met prior to the Council meeting and were starting the process of obtaining forms that were needed to be complete to be allowed to dispose of old records. Walt Ziemba said that the water run-off problem from South Avalon and Troy Place had been referred to the Street Committee. Walt Ziemba said that he had not yet contacted the county concerning their adding chemicals to help with odor problems, he said he was waiting on the report from Quicksall before contacting them. Perry Pool said that the water cap for Kim Wood had not yet been repaired. Robert Martin said that he felt the county should be helping with the odor problems being experienced since they were causing part of the problems. Perry Pool said that Quicksall would be in Tuesday or Wednesday next week to discuss the odor problems. Walt Ziemba said that he has letters ready to send out to businesses who may not be withholding RITA tax. Walt Ziemba said that Bruce and Meriless would be repairing the school light that still needed repaired. Walt Ziemba said that the Village's insurance company had an adjuster contact the couple who had recently complained about car damage due to the Lash Paving Project. Chris Becker said that he and John McDevitt had reviewed the maps at the Recorder's Office and that the Petrella property that needed to have grass cut does fall within the Village. He said he would follow-up to confirm that the Ordinances match this information. Chris Becker said he would work with Tom Bottorf on the issue concerning tap fees at the Meridian Greene Project. Chris Becker verified that Warren Lane is private property and the Village was not responsible for services for the residents beyond the point where private property started. Mayor Dave France said that Walt Ziemba had sent a letter to the county informing them to go ahead with the telemetry project. Chris Becker said that this project did not require competitive bidding since it was an intergovernmental project. He said he could supply a written opinion to Council if they requested. Walt Ziemba said he would ask the county for a project schedule including the completion date for the telemetry system. Walt Ziemba said that John McDevitt had completed his review of the math on the bids and that all the numbers were added correctly. Matt Parise said that he and Mike Payne had checked with local banks and none of the banks would go past 10 years to finance the road projects. He said that with Issue II funds the residents could have the project spread over 20 years and it would be interest free. Chris Becker said that he had determined that all lots that abut up to the road would have to be assessed for the project using one of three different methods. (1) Assessment could be based on tax value. (2) Assessment could be based on the proportion of benefit derived for each owner as determined by a board of equalization of three (3) non-interested parties. (3) Assessment based on front footage. Matt Parise asked about the Petrella property. Chris Becker said that because that property abutted up against the road they would have to be assessed. John Synodinos said that he thought the Village should forget about using the benefit accrued method. Mayor France asked to hear comments from those residents in the audience that resided at Sam's Way. Doug Schaffer, 237 Sam's Way, said that he thought that the only fair way to allocate the assessment was the method that allocates taxes on a per lot basis (benefit accrued method). He asked if the cost of the tap fees were included in the bid. Walt Ziemba said that those fees were included in the bid prices of the contractors. Doug Schaeffer said that he was in favor of whatever would get the road completed the quickest, he added that Joe Corabi told him that he was also in favor of whatever option would get the road completed the quickest. Kay Michetti, Sam's Way resident, said that she would like to see all Sam's Way lot owners assessed. Tom Longo, Sam's Way resident, said that if he had to be assessed he would rather wait until Issue II funds were available next year which he felt would be less expensive. Jeff Wade, 225 Sam's Way, said he would rather the Village begin the project now since costs may go up next year. Matt Parise said he would vote the way the majority of the residents wanted on this project. He said that he thought that using no interest Issue II funds would not only keep the annual assessment the lowest, it would also help with resistance from other residents. Tom Kiger, 235 Sam's Way, said he likes the idea of dividing up the assessment by 16 lots, but since he has the most frontage he will probably lose out on using the per lot method. He said that he is in favor of doing the road now because the situation is so bad that it cannot wait. Motion by John Synodinos, second by Robert Martin to accept the low bid from TH Enterprises in the amount of $153,756.00 and to have the work start as soon as possible. Discussion on Motions: Tom Bottorf asked what course of actions did Chris Becker recommend the Village take on this issue. Chris Becker said that Council should accept a bid on the project. He said that at the next meeting he would bring a Resolution necessary for Council to pass. Matt Parise reminded Council that the assessment from residents could not be collected until spring of 2006, which means that the Village would have to pay the first year and ½ of loan payments. He said that if there was a lawsuit involved that the Village might be on the hook for an even longer period. Chris Becker said that any lawsuit over the assessment process would not affect construction just the Village's ability to start collecting the assessment funds. He said the Court would not say that the Village owed anymore on the project just how the assessment is divided up among the property owners. Tom Bottorf said as Finance Chairman, the Village could not afford to make the payments from operational funds. John Synodinos said that the budget could be reworked to come up with this money. Vote on Motion: John Synodinos yea, Dr. Robert Price yea, Dave Smith yea, Robert Martin, Sr., yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. New Business John Synodinos said that the water contract with Steubenville was up in November and he inquired whether any discussions had taken place with them regarding a new agreement. Mayor Dave France said that no talks had taken place at the advice of Chris Becker because of the current lawsuit by the City of Steubenville. Rob Martin reminded everyone that the Halloween party would be Thursday, October 28th from 6 - 9 P.M. at the elementary school. Matt Parise said that annexation on Fernwood Road is moving forward and he would like the Village to be the sponsor for this annexation and to pay any bills related to this process. Motions by Matt Parise, second by John Synodinos for the Village to pay any legal or other incidental costs involved in the annexation of property owners from Fernwood Road and to have the Village sponsor this process. Vote on Motion: John Synodinos yea, Dr. Robert Price yea, Dave Smith yea, Robert Martin, Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Matt Parise said that the annexation of the property owners on Route 43 was on hold until the division of property took place regarding the cemetery property. Tom Bottorf said he would like to have another Finance Committee meeting to wrap up the 2005 budget on Wednesday, October 13, 2004 at 6:30 P.M. and a Water & Sewer meeting to discuss the "tap" issue at 6:00 P.M. Matt Parise said that the Village is going to have to authorize the Administrator and Clerk-Treasurer to borrow the funds for the Sam's Way Project. Council decided to do this at the next Council meeting. Motion by Tom Bottorf, second by Matt Parise to transfer funds as requested by the Clerk-Treasurer. Vote on Motion: John Synodinos yea, Dr. Robert Price yea, Dave Smith, yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 5-0. (Robert Martin has temporarily left the meeting). Motion by John Synodinos, second by Matt Parise to pay the bills approved by Council. Vote on Motion: John Synodinos yea, Dr. Robert Price yea, Dave Smith, yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 5-0. Motion by John Synodinos, second by Matt Parise to adjourn. Vote on Motion: John Synodinos yea, Dr. Robert Price yea, Dave Smith, yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 5-0. Next regular Council meeting will be October 21, 2004 at 7:00 P.M. Mike Payne, Clerk Treasurer Dave France, Mayor